(1) These general terms and conditions for guest accommodation apply to contracts for the rental rental of holiday apartments for accommodation and all other services and deliveries provided by the provider for the guest. The services of the provider take place exclusively on the basis of these general terms and conditions.
(2) The subletting or subletting of the rented apartment and its use for purposes other than living require the prior written consent of the provider.
(3) Terms and conditions of the guest only apply if they have been agreed in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
(1) The accommodation contract is concluded when the provider confirms the guest’s booking request by phone or in writing by letter, e-mail and / or fax and thus accepts the booking (acceptance of the application).
(2) Contractual partners are the provider and the guest. If a third party has ordered for the guest, he is liable to the provider together with the guest as joint debtor for all obligations arising from this contract, provided the provider has received a corresponding declaration from the third party.
(3) The guest is obliged to check the booking confirmation for correctness. If the content of the booking confirmation differs from the booking request and the guest does not immediately raise any objections, the content of the booking confirmation is deemed to be contractually agreed.
(1) The provider is obliged to keep the holiday apartment booked by the guest ready and to provide the agreed services. The apartment corresponds to the equipment standard of an average rental apartment. The provider assumes a guarantee only for expressly promised equipment features, but not for the subjective quality of the equipment (e.g. ventilation).
(2) The guest is obliged to pay the prices applicable or agreed by the provider for the provision of the holiday apartment and the other services used. This also applies to services and expenses of the provider to third parties arranged by the guest.
(3) All prices include the respective statutory value added tax.
(4) The guest is obliged to provide truthful information about the number of people occupying the apartment. The holiday apartment is available for a maximum of the number of people specified in the booking confirmation according to § 2 paragraph 1. The assignment of a number of people beyond this requires the prior written consent of the provider. In this case, the price for the rental of the holiday apartment increases to the price generally calculated by the provider with the corresponding occupancy.
(5) If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the provider for such services increases, the provider can raise the contractually agreed price appropriately, but at most by 10%.
(6) Payment of the price agreed for the rental of the holiday apartment and for the other services agreed with the guest is due on the day of arrival at the latest when the keys are handed over. At this time, it must be made in cash, unless the provider has expressly agreed to a different payment method with the guest. EC and credit cards cannot be accepted as payment on site.
(7) The provider reserves the right to request a reasonable advance payment from the guest prior to arrival for the price agreed for the rental of the holiday apartment and the other services agreed with the guest. If an advance payment is requested with the booking confirmation according to § 2 paragraph 1, this is due on the 8th day after the transmission of the booking confirmation. If the provider is unable to record receipt of payment by the 8th day after the transmission of the booking confirmation, and if this is not made even after a reasonable grace period set by the provider has expired with a threat of refusal, the provider is entitled to withdraw from the contract; he must inform the guest of this in writing. Section 5 (3) is then subject to the proviso that the 8th
(8) The guest can only offset an undisputed or legally established claim against a claim by the provider.
(1) The guest has to treat the vacation rental and its inventory with care. The guest is obliged to comply with the house rules. The night’s rest applies from 10 p.m. to 7 a.m. During this time, special consideration for the roommates and neighbors is required. TV and audio devices must be set to room volume.
(2) For the duration of the rental of the apartment, the guest is obliged to keep windows and doors closed when leaving the apartment, to regulate all radiators to a low level and to switch off lights and technical devices.
(3) The accommodation of pets of any kind is only permitted in the holiday apartment with the prior written consent of the provider. The provider can charge a reasonable surcharge for the accommodation of animals. If animals are accommodated without the provider’s prior consent, the latter can charge a cleaning fee of up to € 200.00 (net).
(4) A general smoking ban applies in the apartment. In the event of non-compliance, the provider can charge a cleaning fee of up to € 200.00 (net). Smoking is only allowed on balconies and patios.
(5) Internet use is permitted after the conclusion of an Internet use agreement stating the passport number, provided that this does not violate the legal provisions. Criminal acts (in particular illegal downloads, page views) are reported and prosecuted. The guest is solely responsible for illegal use of the Internet.
(6) The introduction and / or attachment of materials for decoration or similar is not permitted in the apartment. The guest is liable for any decoration or similar decoration or the like and releases the provider from third party claims. He is also obliged to compensate for damage caused by the introduction or attachment of decoration or the like.
(7) The provider has a right of access to the holiday apartment at any time, especially if there is a delay. Adequate consideration must be given to the guests‘ concerns that need to be protected when exercising their right of access. The provider will inform the guest in advance about the exercise of the right of access, unless this is not reasonable or impossible according to the circumstances of the individual case.
(1) A withdrawal of the guest from the contract concluded with the provider requires the written consent of the provider. If this does not take place, the agreed price from the contract must be paid even if the customer does not use contractual services. This does not apply in the event of a delay in performance by the provider or if the provider is unable to provide the service.
(2) The guest can only withdraw from the contract without triggering payment or compensation claims by the provider if the possibility of withdrawal has been agreed in writing between him and the provider by a certain date. This right of withdrawal of the guest expires if he does not exercise his right to withdraw from the provider in writing by the agreed date, unless the provider is in default of performance or is unable to provide the service for which he is responsible.
(3) Without triggering payment or compensation claims by the provider, the guest is entitled to cancel up to 30 days before arrival, otherwise in accordance with the following provisions:
|Cancellation no later than||Amount of the
overnight price to be paid
|30 days before arrival||0%|
|25 to 29 days before arrival||20%|
|15 to 24 days before arrival||40%|
|10 to 14 days before arrival||60%|
|5 to 9 days before arrival||80%|
|<5 days before arrival||100%|
Cancellations must be made in writing to the provider, unless the provider agrees to an oral cancellation. The day of receipt of the cancellation by the provider is the cancellation day.
(4) In the case of a holiday apartment not used by the guest, the provider must offset the income from renting the holiday apartment to other parties as well as the saved expenses.
(5) If the guest does not appear on the day of arrival by 10 p.m. or 60 minutes after a later date agreed in accordance with Section 7 (1) without having canceled, the contract is deemed to be canceled. Paragraph 3 applies accordingly. In addition, the provider can charge the guest an administration fee of € 100.00 (net).
(6) If a right of withdrawal of the guest has been agreed in writing within a certain period in accordance with paragraph 2, the provider is entitled to withdraw from the contract during this period if there are requests from other guests for the contractually booked apartment and the guest on request from the provider does not waive his right to withdraw.
(7) Furthermore, the provider is entitled to withdraw from the contract for an objectively justifiable reason or to terminate it extraordinarily if, for. B. a) Force majeure or other circumstances for which the provider is not responsible make the fulfillment of the contract impossible. B. was booked in the person of the guest or with regard to the purpose or with regard to the occupancy or with regard to the accommodation of animals, c) the holiday apartment is used for purposes other than living, d) the provider has reasonable grounds for acceptance that the use of the service jeopardizes the safety or the peace of the house of other guests or neighbors or the reputation of the provider in public, without this affecting the authority or
(8) The provider must immediately inform the guest of the exercise of the right of withdrawal or termination. In cases of paragraph 7 a), the provider must immediately reimburse any rent payments and / or advance payments already made. In the event of a justified withdrawal or a justified termination by the provider, the guest is not entitled to compensation. The guest has to compensate the provider for all damages for which he is responsible due to a withdrawal or an extraordinary termination according to paragraph 7.
(1) The provider is liable for his obligations under the contract. Liability is limited to intent and gross negligence on the part of the provider, if and insofar as he is not absolutely unlimited under the statutory provisions. Should faults or defects occur in the services of the provider, the provider will endeavor to remedy the fault or the defect if the guest becomes aware of it or if the guest gives notice of it immediately. The guest is obliged to make a reasonable contribution to remedy the fault or deficiency and to keep possible damage to a minimum.
(2) The provider is not liable for items brought in by the guest; they are not considered items brought in within the meaning of §§ 701 f. BGB. Liability of the provider according to these regulations is therefore expressly excluded. This also applies expressly to valuables that the guest keeps and / or leaves in the apartment.
(3) The guest is liable for all damages that he, his fellow travelers or his visitors culpably caused in the house of the apartment, in the apartment and / or in the inventory of the apartment. Private liability insurance is recommended to the guest. The guest is obliged to notify the provider of any damage immediately. This applies in particular to damage that can also affect other apartments in the house (e.g. water damage, fire damage).
(4) Claims of the guest expire in six months, unless the provider is liable for intent. Claims of the provider become statute-barred within the respective statutory period.
(1) The apartment is regularly available on the day of arrival from 3 p.m. Arrival must be before 10 p.m., unless a later time of arrival is expressly agreed with the provider in advance. Arrivals before 3 p.m. can also only take place if this has been expressly agreed with the provider in advance.
(2) If the arrival is agreed between 10 p.m. and 8 a.m. and takes place during this time, a surcharge of EUR 30.00 will be charged.
(3) The guest is obliged to the provider upon arrival to present his valid identity card or passport.
(4) The provider can request a deposit of € 150 upon arrival. The provider will refund this deposit if the apartment is vacated in time and all keys are handed over on the day of departure, unless otherwise agreed with the guest and provided that the apartment shows no damage for which the guest is responsible. In the event of further damage to the apartment and / or the inventory, the guest pays the amount of money required for the compensation in cash (Section 249 (2) BGB).
(5) On the day of departure, the guest must vacate the apartment by 11 a.m. at the latest. If the holiday home is delayed, the provider is entitled to an additional payment from the guest. This amounts to a) € 50.00 (net) for evictions after 11:00 a.m. but before 1:00 p.m.; b) 100% of the agreed overnight price / night if the room is vacated after 1 p.m. In addition, the provider is entitled to compensation for all further damage incurred due to late clearance.
(6) The evacuation in accordance with Paragraph 4 is only deemed to have been effected if all keys have also been released to the provider or his representative. If this has been expressly agreed with the provider, the guest can leave all the keys on the table in the apartment and pull the door closed. The guest is obliged to check that the apartment door is properly closed.
(7) If one or more keys are lost, the guest must compensate the provider for their new production and, if necessary, for the installation of new locks..
The landlord will not pass on the personal data provided by the guest to third parties, unless this is necessary for the execution of the contract.
(1) Changes or additions to the contract, the acceptance of applications or these general terms and conditions should be made in writing. Unilateral changes or additions by the guest are ineffective.
(2) The place of performance and payment is Mandelbachtal / Germany. The place of jurisdiction for tenancy law is St. Ingbert. The general place of jurisdiction is Saarbrücken.
(3) Only the law of the Federal Republic of Germany applies to the contract.
(4) These general conditions of admission are only intended for the personal use of the guest. Commercial use by third parties is expressly prohibited.
(5) Should one of the above provisions be or become invalid or void, this does not affect the effectiveness of the remaining provisions. The ineffective provision is to be replaced by a provision that comes as close as possible to the purpose of the provision to be replaced. In addition, the statutory provisions apply.